061952P.pdf   07/02/2007  USA  v.  Thomas Eugene Mills
   U.S. Court of Appeals Case No:  06-1952
                          and No:  06-2154
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED][Smith, Author, with Melloy and Benton, Circuit
   Judges]
   Criminal case - Sentencing. Under this circuit's case law, the district
   court did not err in refusing to consolidate defendant's state court burglary
   offenses for sentencing purposes; defendant failed to show that the
   government had an improper motive for refusing to file a motion under
   18 U.S.C. Sec. 3553(e), and the district court did not err in refusing to
   compel the government to file such a motion; on remand, the district
   court violated 18 U.S.C. Sec. 3742(g) by departing on a ground not stated
   in the district court's statement of reasons at the first sentencing; on
   remand, the district court should also engage in the analysis required
   under 18 U.S.C. Sec. 3553(a); the government's request to reassign this
   case to a new judge for sentencing is denied.